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Staff Notes Staff Notes ZBA January 26 , 2022 ZBA Wednesday, January 26, 2022 Old Business: AV 3-2022 Patrick M. Connors New Business : AV 1 -2022 David Hatin AV 4-2022 Steve Dempsey AV 5-2022 Cerrone Land Holdings (Table to February 23, 2022; Open Public Hearing; ZBA Consent to Lead Agency) SV 1-2022 Ayzo Ridge (for Town Fair Tire) Queensbury Zoning Board of Appeals Agenda Meeting: January 26, 2022 Time: 7:00- 11:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net OLD BUSINESS: Applicant(s) Patrick M. Connors Area Variance No. AV 3-2022 Owner(s) Patrick M.Connors SEQRA Type Type II Agent(s) Daniel W.R an,P.E. Lot Size 0.25 acres Location 95 Rockhurst Rd. Zoning WR Ward No. Ward 1 Tax Id No 227.9-1-1 Section 179-3-040; 179-13-010; 179-4-080 Cross Ref SP 2-2022;AST 725-2021;AST 876-2021; Warren County Planning January 2022 AV 1454-20953;SP 61-88 Public Hearing January 19,2022;January 26,2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to remove an existing deck of 644 sq.ft.to construct a 644 sq.ft.deck in the same location. The deck is attached to the existing house and has a patio area underneath.The steps from the deck to the lower patio area are to be in the same place.The existing home is 1,890 sq.ft.footprint minus the deck.There is additional work on the boat house structure.Relief is requested for setbacks. NEW BUSINESS: Applicant(s) David Hatin Area Variance No. AV 1-2022 Owners David Hatin SEQRA Type Type II Agent(s) n/a Lot Size 0.27 acres Location 17 Zenas Drive Zoning NR Ward No. Ward 2 Tax Id No 301.12-3-56 Section 179-5-020 Cross Ref AV 23-2013 Warren County Planning n/a Public Hearing January 26,2022 Adirondack Park Agency n/a Proiect Description: Applicant proposes to construct a 720 sq.ft.second garage with an existing home of 936 sq.ft.that has an attached garage.Project includes additional driveway area to the new garage.Relief requested for second garage. Applicant(s) Steve Dempsey Area Variance No. AV 4-2022 Owner(s) Steve Dempsey SEQRA Type Type II A ent s Hutchins Engineering Lot Size 1.05 acres Location 3239 State Route 9L Zoning RR-5A Ward No. Ward 1 Tax Id No 239.18-1-49 Section 179-3-040 Cross Ref AV 26-2021;RC 715-2021; SEP 479-2021 Warren County Planning January 2022 Public Hearing January 26,2022 Adirondack Park Agency ALD Proiect Description: Applicant proposes to modify an approved addition and alteration to an existing 1,905 sq.ft.(footprint)home. The first floor addition of 104 sq. ft.and second floor 358 sq. ft.allows it to align with the first floor.The project includes a new deck of 444 sq.ft.and to convert a screen porch to 123 sq.ft.for a bathroom addition.Relief requested for setbacks. Queensbury Zoning Board of Appeals Agenda Meeting: January 26, 2022 Time: 7:00- 1 1:00 pm Queensbury Activities Center—742 Bay Road Agenda subject to change and may be found at: www.queensbury.net Applicant(s) Cerrone Land Holdings Area Variance No. AV 5-2022 Owner(s) City of Glens Falls SEQRA Type Type I Coordinated Agent(s) Hutchins Engineering Lot Size 49.98 acres Location Sherman Avenue Zoning MDR Ward No. Ward 3 Tax Id No 301.18-2-1 Section 179-3-040 Cross Ref SUB 2-2022;SUB 7-2021 Warren County Planning n/a Public Hearing January 26,2022 Adirondack Park Agency n/a Protect Description: SEQR-Coordinated Review—Review Planning Board request to be Lead Agency.Applicant proposes a 45 residential subdivision of a 49.5 acre parcel.The lots range in size from 0.47 ac.to 1.57 acres.The project includes a homeowners association property.There is to be two access points to Sherman Avenue.The sites would have on site septic and be connected to municipal water supply.Project includes a 20 ft.no cut buffer on the north property lines.Planning Board review for a subdivision. Relief requested for lot size and setbacks. Applicant(s) A zo Ride Sin Variance No. SV 1-2022 Owner(s) Town Fair Tire Centers of New York LLC SEQRA Type Unlisted Agent(s) Brid ette Shoemaker Lot Size 1.24 acres Location 863 State Route 9 Zoning CI Ward No. Ward 2 Tax Id No 296.17-1-34 Section 140 Cross Ref AV 30-2021;SP 32-2021;SP 39-2019;CC 760-2021 Warren County Planning January 2022 Public Hearing January 26,2022 Adirondack Park Agency n/a Project Description: Applicant proposes to install a 124.5 sq.ft.Town Fair Tire sign on a proposed building. The project includes the installation of a freestanding sign that is to be 42.5 sq. ft. The signs are to be red,black,and white;the wall sign is to be red lettering. The signs are to be internally lit.The proposed building is to be 7,269 sq. ft. Relief is requested for size of sign. Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals L:\Karen Dwyre-Zoning Office\ZBA Monthly 2022\January 26,2022\ZBA Final Agenda January 26,2022.docx Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 3-2022 Project Applicant: PATRICK CONNORS Project Location: 95 Rockhurst Road Parcel History: SP 2-2022; AST 725-2021; AST 876-2021; AV 1454-20953; SP 61-88 SEQR Type: Type II Meeting Date: January 26,2022 Description of Proposed Project: Applicant proposes to remove an existing deck of 644 sq. ft. to construct a 644 sq. ft. deck in the same location. The deck is attached to the existing house and has a patio area underneath. The steps from the deck to the lower patio area are to be in the same place. The existing home is 1,890 sq. ft. footprint minus the deck. There is additional work on the boat house structure. Relief Required: The applicant requests relief for setbacks for a deck addition. The parcel is located in the Waterfront Residential zone on a 0.25 ac parcel. Section 179-3-040 dimensional, Section 179-4-080 decks, 179-13-010 expansion The deck is to be 40.94 ft. from the shoreline and 8.39 ft. from the side property line. The shoreline setback requirement is 50 ft. and the side setback requirement is 20 ft. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the existing house location and the previous deck. 3. Whether the requested area variance is substantial. The relief requested may be considered minimal to moderate. The relief requested is 9.1 ft. to the shoreline, 11.61 ft to the North property line. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project may be considered to have minimal impact on the physical or the environmental conditions of the area. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The project is to remove an existing deck to construct a new deck of 644 sq ft. The applicant has provided site photos showing the existing deck to be removed and the site plans show the location of the new deck. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 'Ibirn d0_uccnsbu y Area Variance Resolution To: Approve/Disapprove Applicant Name: Patrick M. Connors File Number: AV 3-2022 Location: 95 Rockhurst Road Tax Map Number: 227.9-1-1 ZBA Meeting Date: January 19, 2022; January 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Patrick M. Connors. Applicant proposes to remove an existing deck of 644 sq. ft. to construct a 644 sq. ft. deck in the same location. The deck is attached to the existing house and has a patio area underneath. The steps from the deck to the lower patio area are to be in the same place. The existing home is 1,890 sq. ft. footprint minus the deck. There is additional work on the boat house structure. Relief is requested for setbacks. Relief Required: The applicant requests relief for setbacks for a deck addition. The parcel is located in the Waterfront Residential zone on a 0.25 ac parcel. Section 179-3-040 dimensional Section 179-4-080 decks The deck is to be 40.94 ft. from the shoreline and 8.39 ft. from the side property line. The shoreline setback requirement is 50 ft. and the side setback requirement is 20 ft. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, January 19, 2022 & Wednesday, January 26, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 3-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 26th Day of January 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 1-2022 Project Applicant: DAVID HATIN Project Location: 17 Zenas Drive Parcel History: AV 23-2013 SEQR Type: Type II Meeting Date: January 26,2022 Description of Proposed Project: Applicant proposes to construct a 720 sq. ft. second garage with an existing home of 936 sq. ft. that has an attached garage. Project includes additional driveway area to the new garage. Relief Required: The applicant requests relief for second garage. Parcel is located in the Neighborhood Residential zone NR— Cresthaven Subdivision 5-1978. Parcel is 11,815 sq. ft. Section 179-5-020 garage Proposal is for a 720 sq. ft. detached garage and existing attached garage is 264 sq. ft. according to RPS. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives are limited due to the configuration of the house and the location of the existing attached garage. The applicant has indicated the existing driveway is to be expanded so it will access the new garage. 3. Whether the requested area variance is substantial. The relief requested may be considered substantial relevant to the code. The total garage square footage with both garages is 984 sq ft where the maximum allowed for 1 garage is 1,100 sq ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impacts to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self created. The difficulty may be considered self created. Staff comments: The applicant proposes to construct a second garage that is to be 720 sq ft. The information submitted indicates the site has an existing single family home with an attached garage. The location of the proposed garage does not interfere with the backyard or septic system. The parcel is located in an existing Cresthaven subdivision. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Toim of CZacensbary Area Variance Resolution To: Approve/Disapprove Applicant Name: David Hatin File Number: AV 1-2022 Location: 17 Zenas Drive Tax Map Number: 301.12-3-56 ZBA Meeting Date: January 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from David Hatin. Applicant proposes to construct a 720 sq. ft. second garage with an existing home of 936 sq. ft. that has an attached garage. Project includes additional driveway area to the new garage. Relief requested for second garage. Relief Required: The applicant requests relief for a second garage. Parcel is located in the Neighborhood Residential zone NR— Cresthaven Subdivision 5-1978. Parcel is 11,815 sq. ft. Section 179-5-020 age Proposal is for a 720 sq. ft. detached garage and existing attached garage is 264 sq. ft. according to RPS. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, January 26, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is/is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 1-2022, Introduced by ,who moved for its adoption, seconded by Duly adopted this 26th Day of January 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 4-2022 Project Applicant: STEVE DEMPSEY Project Location: 3239 State Route 9L Parcel History: AV 26-2021; RC 715-2021; SEP 479-2021 SEQR Type: Type II Meeting Date: January 26,2022 Description of Proposed Project: Applicant proposes to modify an approved addition and alteration to an existing 1,905 sq. ft. (footprint) home. The first floor addition of 104 sq. ft. and second floor 358 sq. ft. allows it to align with the first floor. The project includes a new deck of 444 sq. ft. and to convert a screen porch to 123 sq. ft. for a bathroom addition. Relief Required: The applicant requests relief for setbacks for a deck addition and second story residential addition in the Rural Residential zone—RR-5A. The parcel is 1.05 acres. Section 179-3-040- dimensional The additions to the existing home where the new addition is to be 33 ft. to the west property line where a 75 ft. setback is required and is to be 32 ft. to the rear setback where 100 ft. is required. The deck is to be 33 ft. to the west property line where 75 ft. is required and 26 ft. to the rear property line where 100 ft. is required. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. Minor to no impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. Feasible alternatives may be considered limited due to the location of the house on a 1.05 ac parcel. The parcel is located in the Rural Residential 5 ac zone,where almost any work on the home would require a variance. 3. Whether the requested area variance is substantial. The request for relief may be considered moderate relevant to the code. The relief requested for the west setback for both the deck and the addition is 42 ft. The rear setback relief for the addition is 68 ft and the deck is 74 ft. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Minor to no impact to the physical or environmental conditions in the neighborhood may be anticipated. 5. Whether the alleged difficulty was self-created. The difficulty may not be considered self-created as the lot is a pre existing non-conforming parcel. Staff comments: The applicant had updated the plans so the second story addition would align with the first story of the existing home. The interior alterations are proposed to have living space on the main floor propose to improve an existing home with a second story addition, alterations to the main floor and a new deck. The plans show the interior renovation floor plan and the location of the additions and deck to the existing home. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 Town of Queensbmy Area Variance Resolution To: Approve/Disapprove Applicant Name: Steve Dempsey File Number: AV 4-2022 Location: 3239 State Route 9L Tax Map Number: 239.18-1-49 ZBA Meeting Date: January 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Steve Dempsey. Applicant proposes to modify an approved addition and alteration to an existing 1,905 sq. ft. (footprint)home. The first floor addition of 104 sq. ft. and second floor 358 sq. ft. allows it to align with the first floor. The project includes a new deck of 444 sq. ft. and to convert a screen porch to 123 sq. ft. for a bathroom addition. Relief requested for setbacks. Relief Required: The applicant requests relief for setbacks for a deck addition and second story residential addition in the Rural Residential zone—RR-SA. The parcel is 1.05 acres. Section 179-3-040- dimensional The additions to the existing home where the new addition is to be 33 ft. to the west property line where a 75 ft. setback is required and is to be 32 ft. to the rear setback where 100 ft. is required. The deck is to be 33 ft. to the west property line where 75 ft. is required and 26 ft. to the rear property line where 100 ft. is required. SEQR Type II—no further review required; A public hearing was advertised and held on Wednesday, January 26, 2022. Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER TBE DRAFT PROVIDED BY STAFF 1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby properties because 2. Feasible alternatives are and have been considered by the Board, are reasonable and have been included to minimize the request OR are not possible. 3. The requested variance is /is not substantial because 4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or district? 5. The alleged difficulty is/is not self-created because 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh (approval) / would be outweighed by denial the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , c) Adherence to the items outlined in the follow-up letter sent with this resolution. BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE NO. 4-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 26th Day of January 2022 by the following vote: AYES: NOES: Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Area Variance No.: 5-2022 Project Applicant: CERRONE LAND HOLDINGS Project Location: Sherman Avenue Parcel History: SUB Prelimary2-2022; SUB Sketch7-2021 SEQR Type: Type II Meeting Date: January 26, 2022 Description of Proposed Project: Application to be tabled to the second February meeting pending Planning Board recommendation. The project is to be readvertised with the Planning Board as Type I action. Zoning Board to consent to Lead Agency, public hearing to be left open. Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to 1.57 acres. The project includes a homeowners association property. There is to be two access points to Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief Required: The applicant requests relief for lot size and setbacks for a proposed subdivision in the Moderate Density Residential zone. MDR. Parcel is 49.5 acres. Section 179-3-040 Dimensional The applicant proposes 45 residential lots ranging in size from 0.47 ac to 1.57 ac where a two acre lot minimum is required where lots do not have access to both sewer and water. The project has access to municipal water but will have on-site septic systems. In addition, relief is requested for the setbacks for Moderate Density Zone -Rear setback required is 30 ft. proposed is 20 ft., Side setback required is 25 ft. and 15 ft. is proposed, the front setback of 30 ft. is not proposed to change. Criteria for considering an Area Variance according to Chapter 267 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this area variance. The project minimal to moderate impact on the neighboring properties. The applicant has indicated some lot sizes are similar to adjoining neighborhoods 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The feasible alternatives are available to develop the parcel with compliant lots. 3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to the code. The number of allowable lots would be 22. The setback relief would be 10 ft to the rear and 10 ft to the sides. Lot size relief from 1.43 ac -0.43 acres. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may be considered to have minimal impact on the environmental conditions of the site or area. The project would convert an existing leaf dump to residential lots. 5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created. Staff comments: The applicant proposes a 45 lot subdivision for a 49.5 acre parcel. The plans show the lot arrangement with two access points to Sherman Avenue. Zoning Board of Appeals Community Development Department Staff Notes Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 ToFtin of Queensbuq Area Variance Resolution To: TABLE Applicant Name: Cerrone Land Holdings File Number: AV 5-2022 Location: Sherman Avenue Tax Map Number: 301.18-2-1 ZBA Meeting Date: January 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cerrone Land Holdings.Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to 1.57 acres. The project includes a homeowners association property. There is to be two access points to Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief requested for lot size and setbacks. Application to be tabled to the second February meeting pending Planning Board recommendation. The project is to be readvertised with the Planning Board as Type I action. Zoning Board to consent to Lead Agency, public hearing to be left open. MOTION TO TABLE AREA VARIANCE 5-2022 CERRONE LAND HOLDINGS, Introduced by , who moved for its adoption, seconded by Tabled to the February 23rd, 2022 meeting. Duly adopted this 26th Day of January 2022 by the following vote: AYES: NOES: Zoning Board of Appeals—Record of Resolutions f' Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518)761-8238 Area Variance Resolution To: Consent to the Planning Board's request to be Lead Agent for SEQR purposes for the following: Applicant Name: Cerrone Land Holdings File Number: AV 5-2022 Location: Sherman Avenue Tax Map Number: 301.18-2-1 ZBA Meeting Date: January 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Cerrone Land Holdings. Applicant proposes a 45 residential subdivision of a 49.5 acre parcel. The lots range in size from 0.47 ac. to 1.57 acres. The project includes a homeowners association property. There is to be two access points to Sherman Avenue. The sites would have on site septic and be connected to municipal water supply. Project includes a 20 ft. no cut buffer on the north property lines. Planning Board review for a subdivision. Relief requested for lot size and setbacks. SEQRA: Planning Board requests for Lead Agency. BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO CONSENT TO THE PLANNING BOARD'S REQUEST TO BE LEAD AGENT FOR PROJECT APPLICANT CERRONE LAND HOLDINGS, AREA VARIANCE 5-2022, Introduced by , who moved for its adoption, seconded by Duly adopted this 26"Day of January 2022 by the following vote: AYES: NOES: Phone: 518.761.8220 1 Fax: 518.745.4437 1 742 Bay Road,Queensbury,NY 12804 1 www.queensbury.net Town of Queensbury Zoning Board of Appeals Community Development Department Staff Notes Sign Variance No.: 1-2022 Project Applicant: AYZO RIDGE Project Location: 863 State Route 9 Parcel History: AV 30-2021; SP 32-2021; SP 39-2019; CC 760-2021 SEQR Type: Unlisted Meeting Date: January 26, 2022 Description of Proposed Project: Applicant proposes to install a 124.5 sq. ft. Town Fair Tire sign on a proposed building. The project includes the installation of a freestanding sign that is to be 42.5 sq. ft. The signs are to be red, black, and white; the wall sign is to be red lettering. The signs are to be internally lit. The proposed building is to be 7,269 sq. ft. Relief Required: The applicant requests relief for size of wall sign. Parcel is located in Commercial Intensive Zone, Cl; parcel is 1.2 acres. Chapter 140—signs The applicant proposes a 124.5 sq. ft. wall sign where a 30 sq. ft. wall sign is the maximum allowed. The sign is to be LED interior lit with red channel lettering. Criteria for considering a Sign Variance according to Chapter 140 of Town Law: In making a determination, the board shall consider: 1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of this sign variance. Minimal impacts to the neighborhood may be anticipated. 2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a sign variance. Feasible alternatives may be considered to reduce the sign to a compliant size. 3. Whether the requested sign variance is substantial. The relief requested may be considered substantial relevant to the code. Relief is requested for 94.5 square feet in excess. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The project as proposed may have minimal impact on the environmental conditions of the district. 5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created. Staff comments: The applicant proposes to install a 124.5 sq ft wall sign for the new proposed Town Fair Tire building. The proposed building is to be 7,269 sq ft and received approvals in 2021. The sign located on the building would be located at least 57.4 feet from the front setback; the proposed building received a setback variance. The plans show the type of sign and the location of the sign. Zoning Board of Appeals—Record of Resolution Town of Queensbury 742 Bay Road Queensbury,NY 12804 (518) 761-8238 bi+gin of QQuensbui}, Sign Variance Resolution To: Approve/Disapprove Applicant Name: Ayzo Ridge File Number: SV 1-2022 Location: 863 State Route 9 Tax Map Number: 296.17-1-34 ZBA Meeting Date: January 26, 2022 The Zoning Board of Appeals of the Town of Queensbury has received an application from Ayzo Ridge (for Town Fair Tire). Applicant proposes to install a 124.5 sq. ft. Town Fair Tire sign on a proposed building. The project includes the installation of a freestanding sign that is to be 42.5 sq. ft. The signs are to be red,black, and white; the wall sign is to be red lettering. The signs are to be internally lit. The proposed building is to be 7,269 sq. ft. Relief is requested for size of sign. Relief Required: The applicant requests relief for size of wall sign. Parcel is located in Commercial Intensive Zone, Cl; parcel is 1.2 acres. Chapter 140—signs The applicant proposes a 124.5 sq. ft. wall sign where a 30 sq. ft. wall sign is the maximum allowed. The sign is to be LED interior lit with red channel lettering. SEQR Type: Unlisted [Resolution/Action Required for SEQR] Motion regarding Sign Variance No. 1-2022. Applicant Name: Ayzo Ridge(for Town Fair Tire), based upon the information and the analysis of the above supporting documentation provided by the applicant,this Board finds that this will/will not result in any significant adverse environmental impact. So we give it a Positive/Negative Declaration, Introduced by who moved for its adoption, seconded by Duly adopted this 26th Day of January 2022, by the following vote: AYES: NOES: A public hearing was advertised and held on Wednesday, January 26, 2022; Upon review of the application materials, information supplied during the public hearing, and upon consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267 of NYS Town Law and after discussion and deliberation, we find as follows: PER THE DRAFT PROVIDED BY STAFF: 1. Will an undesirable change be produced in the character of the neighborhood or will a detriment to the nearby properties be created by the granting of the requested sign variance? INSERT RESPONSE 2. Can the benefit sought by the applicant be achieved by some method, feasible for the applicant to pursue, other than a sign variance? INSERT RESPONSE 3. Is the requested sign variance substantial? INSERT RESPONSE 4. Will the proposed sign variance have an adverse impact on the physical or environmental conditions in the neighborhood or district? INSERT RESPONSE 5. Is the alleged difficulty self-created? INSERT RESPONSE 6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would outweigh_(,qpproval)/would be outweighed by (denial)the resulting detriment to the health, safety and welfare of the neighborhood or community; 7. The Board also finds that the variance request under consideration is the minimum necessary; 8. The Board also proposes the following conditions: a) b) , Adherence to the items outlined in the follow-up letter sent with this resolution. (ZBA Board Member does not need to read the following A through E): A. The variance approval is valid for one (1)year from the date of approval; you may request an extension of approval before the one (1)year time frame expires; B. If the property is located within the Adirondack Park, the approved variance is subject to review by the Adirondack Park Agency (APA). The applicant is cautioned against taking any action until the APA's review is completed; C. Final approved plans in compliance with an approved variance must be submitted to the Community Development Department before any further review by the Zoning Administrator or Building& codes personnel' D. Subsequent issuance of further permits, including sign permits are dependent on receipt of these final plans; E. Upon approval of the application; review and approval of final plans by the Community Development Department the applicant can apply for a sign permit unless the proposed project requires review, approval, or permit from the Town Planning Board and/or the Adirondack Park Agency,Lake George Park Commission or other State agency or department. Based on the above findings I make a MOTION TO APPROVE/DENY Sign Variance SV 1-2022, Ayzo Ridge, Introduced by , who moved for its adoption, seconded by Duly adopted this 26th Day of January 2022, by the following vote: AYES: NOES: